PART 1INTRODUCTION

Interpretation2

1

In these regulations—

  • “the Contributions and Benefits Act” means the Social Security Contributions and Benefits (Northern Ireland) Act 19922;

  • “the EEA Regulations” means the Immigration (European Economic Area) Regulations 20063;

  • “the ESA Regulations” means the Employment and Support Allowance Regulations (Northern Ireland) 20164;

  • “the ITEPA” means the Income Tax (Earnings and Pensions) Act 20035;

  • “the Medical Evidence Regulations” means the Social Security (Medical Evidence) Regulations (Northern Ireland) 19766;

  • “the Order” means the Welfare Reform (Northern Ireland) Order 2015;

  • adopter” has the meaning in regulation 88(3)(a);

  • attendance allowance” means—

    1. a

      an attendance allowance under section 64 of the Contributions and Benefits Act7;

    2. b

      an increase of disablement pension under section 104 or 105 of that Act (increases where constant attendance needed and for exceptionally severe disablement);

    3. c

      a payment by virtue of Article 14, 15, 16, 43 or 44 of the Personal Injuries (Civilians) Scheme 19838 or any analogous payment;

    4. d

      any payment based on the need for attendance which is paid as an addition to a war disablement pension;

    5. e

      armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011;

  • authority” has the meaning in Article 2 of the Children (Northern Ireland) Order 19959;

  • bereavement allowance” means an allowance under section 39B of the Contributions and Benefits Act10;

  • blind” means certified as severely sight impaired or blind by a consultant ophthalmologist;

  • care leaver” has the meaning in regulation 8(4);

  • carer’s allowance” means a carer’s allowance under section 70 of the Contributions and Benefits Act;

  • carer element” has the meaning in regulation 30;

  • childcare costs element” has the meaning in regulation 32;

  • child element” has the meaning in regulation 25;

  • close relative” in relation to a person, means—

    1. a

      a parent, parent-in-law, son, son-in-law, daughter, daughter-in-law, step-parent, step-son, step-daughter, brother or sister; and

    2. b

      if any of the above is a member of a couple, the other member of the couple;

  • confinement” has the meaning in regulation 8(4);

  • course of advanced education” has the meaning in regulation 12;

  • disability living allowance” means an allowance under section 71 of the Contributions and Benefits Act;

  • earned income” has the meaning in regulation 51;

  • employment and support allowance” means an allowance under Part 1 of the Welfare Reform Act (Northern Ireland) 200711 as amended by Schedule 3 and Part 1 of Schedule 12 to the Order;

  • expected number of hours per week” has the meaning in regulation 87;

  • foster parent” means the person with whom a child is, or is proposed to be, placed under the Foster Placement (Children) Regulations (Northern Ireland) 199612;

  • grant” has the meaning in regulation 68;

  • health care professional” means (except in regulation 96)—

    1. a

      a registered medical practitioner;

    2. b

      a registered nurse; or

    3. c

      an occupational therapist or physiotherapist registered with a regulatory body established by an Order in Council under section 60 of the Health Act 199913;

  • housing costs element” has the meaning in regulation 26;

  • HSC trust” means a Health and Social Care trust established under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 199114;

  • individual threshold” has the meaning in regulation 89(2);

  • industrial injuries benefit” means a benefit under Part 5 of the Contributions and Benefits Act;

  • jobseeker’s allowance” means an allowance under the Jobseekers (Northern Ireland) Order 1995 as amended by Part 1 of Schedule 12 to the Order (removing references to an income-based allowance);

  • “LCW element” and “LCWRA element” have the meaning in regulation 28;

  • looked after by an authority” in relation to a child or young person means a child or young person who is looked after by an authority within the meaning of Article 25 of the Children (Northern Ireland) Order 1995;

  • maternity allowance” means a maternity allowance under section 35 or 35B of the Contributions and Benefits Act15;

  • monthly earnings” has the meaning in regulation 89(6);

  • national insurance contributions” means contributions under Part 1 of the Contributions and Benefits Act;

  • “National Minimum Wage Regulations” means that National Minimum Wage Regulations 2015.16

  • paid work” means work done for payment or in expectation of payment and does not include being engaged by a charitable or voluntary organisation, or as a volunteer, in circumstances in which the payment received by or due to be paid to the person is in respect of expenses;

  • partner” means (except in regulation 77) the other member of a couple;

  • personal independence payment” means an allowance under Part 5 of the Order;

  • prisoner” means—

    1. a

      a person who is detained in custody pending trial or sentence upon conviction or under a sentence imposed by a court; or

    2. b

      is on temporary release in accordance with the provisions of the Prison Act (Northern Ireland) 195317,

    other than a person who is detained in hospital under the provisions of the Mental Health (Northern Ireland) Order 198618;

  • qualifying young person” has the meaning in regulation 6;

  • redundancy” has the meaning in Article 174(1) of the Employment Rights (Northern Ireland) Order 199619;

  • Regional Health and Social Care Board” means a Board established under section 7 of the Health and Social Care (Reform) Act (Northern Ireland) 200920;

  • regular and substantial caring responsibilities for a severely disabled person” has the meaning in regulation 31;

  • relevant childcare” has the meaning in regulation 37;

  • responsible for a child or qualifying young person” has the meaning in regulation 4;

  • statutory adoption pay” means a payment under Part XIIZB of the Contributions and Benefits Act21;

  • statutory maternity pay” means a payment under Part XII of the Contributions and Benefits Act;

  • statutory paternity pay” means statutory paternity pay under Part XIIZA of the Contributions and Benefits Act22;

  • statutory shared parental pay” means statutory shared parental pay payable in accordance with Part XIIZC of the Contributions and Benefits Act23;

  • statutory sick pay” means a payment under Part XI of the Contributions and Benefits Act;

  • student loan” has the meaning in regulation 68;

  • terminally ill” means suffering from a progressive disease where death in consequence of that disease can reasonably be expected within 6 months;

  • total outstanding reduction period” has the meaning in regulation 98(5);

  • trade dispute” has the meaning as in Article 127 of the Trade Union and Labour Relations (Northern Ireland) Order 199524;

  • unearned income” has the meaning in regulation 66;

  • war disablement pension” means any retired pay, pension or allowance payable in respect of disablement under an instrument specified in section 639(2) of the ITEPA;

  • widowed mother’s allowance” means an allowance under section 37 of the Contributions and Benefits Act;

  • widowed parent’s allowance” means an allowance under section 39A of the Contributions and Benefits Act25;

  • widow’s pension” means a pension under section 38 of the Contributions and Benefits Act.

2

For the purposes of these Regulations and notwithstanding section 39(2) of the Interpretation Act (Northern Ireland) 195426, where a period of time is expressed to begin on, or to be reckoned from, a particular day, that day shall be included in the period.